Full Text
* IN THE HIGH COURT QF DELHI AT NEW DELHI
+ CM(M)516/2016
AMITH A.DUMRA Petitioner
Through Mr.Gagan Chhabra and Ms.Richa
Narang,Advs.
Through Mr.Ajeet Kumar,Adv.for R-2,3 and 4
% 14.09.2016
This matter has been taken up today as 13.09.2016 was declared a holiday on account ofEid.
ORDER
1. By the present petition the grievance ofthe petitioner is that an order was passed by the trial court on 8.2.2016 framing an issue on the question of maintainability of the present petition. The petition is filed for grant of a Succession Certificate under section 372 ofthe Indian Succession Act. It is averred in the petition that the deceased has executed a Will dated 6.4.2005 in favour of the petitioner. Relying on the said Will the petitioner sought grant ofa Succession Certificate in respect of moveable properties attached to the petition as annexure A.
2. Learned counsel for the petitioner relies upon judgment ofthis court in CM(M)191/2014 titled Brij Kishore Sinha vs. State of NCT of Delhi dated 2.12.2014 to contend that under similar circumstances this court had directed that the petition for grant ofa succession certificate be converted to CM(M)516/2016 Page 1 2016:DHC:8625 / a petition for grant ofprobate. He submits thatthis cause ofaction would be in the interest ofjustice. i ''
3. Learned counsel appearing for respondents No.2,[3] and 4 submits that he has no objection to the same. Respondent No.S has been served by speed post. None is present on his behalf. It is alsq;stated that the said respondent No.5 was ex parte before the trial court. ! s 'I
4. A perusal of para 5 of the judgment dated 2.12.2014 in the case of Brij Kishore Sinha vs. State ofNCT ofDelhiTeads as follows:- "5.In view of the above, impugned judgments are set aside and this Court exercises its discretionary arid extraordinary powers under Article 227 of the Constitution of India read with Section 24(5) CPC to convert the application for succession certificate into a Case for granting probate and now this probate case will stand transferred for decision to the concerned District and Sessions Judge in accordance with law."
5. In view ofthe above legal position, and eveniotherwise it would be in. '• -4 the interest ofjustice thatthe petition is converted to the petition for grant of •I probate. The petition is accordingly alloy/ed. The petition filed by the petitioner be coriverted to a petition for grant of probate of Will dated 6.4.2005 ofthe deceased testatrix Ms.Shonu Dumra@Shonali. The probate case shall stand transferred to the concemed court of District & Sessions Judge,Delhi. ■
6. The petition stands disposed of. Parties may appear before the concemed court on 18.10.2016.
SEPTEMBER 14,2016 n JAYANT NATH,J